terms & conditions
1.1 Capitalised words or phrases shall have the meaning provided in the Order Form or as otherwise set out below:
|Agreement||means these Standard Terms together with the Order Form;|
|Applicable Data Protection Laws||means the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data;|
|Ashes||means the cremated ashes of the Customer;|
|Columbarium||means a stand-alone columbarium structure located at the Venue containing a number of niches;|
|Commencement Date||means as defined in Clause 2.3;|
|Engraving||means the name, date of birth and date of death of the Customer to be engraved on the front plate of the Niche;|
|Inurnment Ceremony||means the ceremony at which the urn containing the Ashes is interred within the Niche in the Columbarium and sealed with the engraved front plate and at which a reasonable number of the Customer’s family and friends shall be able to attend;|
|Inurnment Date||means the date on which the Inurnment Ceremony occurs;|
|Inurnment Event||means any additional event to be held at the Venue within a hospitality area at the Venue at which the Customer’s family and friends shall be able to attend to commemorate the death of the Customer. For the avoidance of doubt, an Inurnment Event shall exclude the Inurnment Ceremony. The details of any Inurnment Event shall be agreed between the Company and the Nominated Representative and will be at the expense of the Nominated Representative;|
|Inurnment||means the inurnment of the Ashes within the Niche;|
|Niche||means the space in the Columbarium designated by the Company to hold the Ashes;|
|Order Form||means the order form signed by the parties in relation to the Services;|
|SGSA||means the Supply of Goods and Services Act 1982; and|
|Services||means as defined in Clause 3.2.|
2.1 The Order Form and these Standard Terms form the Agreement which the parties agree shall govern their arrangements in relation to the provision of the Services by the Company.
2.2 The Customer’s signature of the Order Form constitutes an offer by the Customer to purchase the Services in accordance with these Standard Terms.
2.3 The offer shall be deemed to be accepted when the Company’s signature is added to the Order Form at which point and on which date the Agreement shall come into existence (the Commencement Date).
3. SUPPLY OF SERVICES
3.1 The Company shall from the Commencement Date and for the duration of the Term provide the Services in accordance with the terms of the Agreement.
3.2 In providing the Services, the Company shall:
3.2.1 provide an online and telephone-based service for any enquiries that the Customer of the Nominated Representative may have during the Term;
3.2.2 make the arrangements with the Nominated Representative for the Inurnment at the Inurnment Ceremony and shall procure that a reasonable number of the Customer’s family and friends (as determined by the Company) are permitted to enter the Venue for the purposes of attending the Inurnment Ceremony;
3.2.3 discuss arrangements with the Nominated Representative relating to the organisation of any potential Inurnment Event at the Venue which shall be subject to such terms as may be agreed between the Company and the Nominated Representative;
3.2.4 co-operate with the Customer and Nominated Representative in matters relating to the Services, and comply as far as reasonably possible with the Customer's instructions;
3.2.5 arrange for the front plate of the relevant Niche to be engraved with the Engraving;
3.2.6 ensure that the Niche shall be fit for any purposes expressly set out in this Agreement;.
3.2.7 subject to the provisions of Clause 7.2, keep the Ashes in the Niche from the Inurnment Date for the remainder of the Term;
3.2.8 obtain and at all times maintain all licences and consents which may be required for the provision of the Services;
3.2.9 procure that the Columbarium is cleaned on a reasonably regular basis and maintained in a good condition throughout the Term;
3.2.10 ensure that the Services will be provided using reasonable care and skill;
3.2.11 pay all outgoings and costs or procure that all outgoings and costs are paid that relate to the Columbarium throughout the Term;
3.2.12 during the Term. maintain in force with a reputable insurance company, professional indemnity insurance and public liability insurance to cover any liabilities that may arise under or in connection with the Agreement; and
3.2.13 comply with all applicable laws, regulations, regulatory policies, guidelines or industry codes which may apply from time to time to the provision of the Services, (together the Services).
4. CUSTOMER REMEDIES
If the Company materially breaches its obligations, the Customer shall, without limiting or affecting its other rights or remedies, have one or more of the following rights:
(a) to require a refund of the Fee in full or in part in line with Clause 9.3; and
(b) to claim damages for any reasonable additional costs, loss or expenses incurred by the Customer which are reasonably attributable to the Company's failure to supply the Services.
5. CUSTOMER OBLIGATIONS
The Customer shall:
(a) co-operate with the Company in matters relating to the Services; and
(b) provide such necessary information for the provision of the Services as the Company may reasonably request.
6.1 The Customer shall pay the Fee to the Company immediately on signature of the Agreement.
6.2 The Fee is exclusive of VAT, and should VAT be payable the Customer shall in addition pay an amount equal to any VAT chargeable on the Fee on delivery of a VAT invoice.
6.3 Upon payment of the Fee, the Customer shall receive a certificate of Inurnment (the Certificate). The Certificate must be retained by the Customer as proof of the right to use the Niche and must be produced by the Nominated Representative to book the Inurnment and the Inurnment Ceremony.
6.4 The Fee includes the cost of the Inurnment Ceremony and the Company shall provide an urn in which the Ashes shall be kept. For the avoidance of any doubt, the Fee does not include: (i) any form of funeral or cremation service; or (ii) the fees and expenses for any Inurnment Event.
6.5 The Fee for the Services is set out in the Order Form, and constitutes the full and exclusive remuneration of the Company in respect of the performance of the Services. Other than as set out in this Clause 6, the Fee includes every cost and expense the Company shall directly or indirectly incur in connection with the performance of the Services.
6.6 The Fee is non-refundable and non-transferable.
7.1 Subject to payment of the Fee, the Company grants to the Customer the right for the Ashes to occupy one (1) Niche for the remainder of the Term from the Inurnment Date.
7.2 In the event that either (i) the owner of the Venue no longer owns or operates its principal business from the Venue and relocates its business to another venue (New Venue); or (ii) the owner of the Venue needs to move the Columbarium within the Venue, at any time during the Term, the Company will use its reasonable endeavours to procure that the Columbarium is either relocated to the New Venue or moved to a suitable alternative location at the Venue (as the case may be). In the event that the Company is unable to procure the relocation of the Columbarium to the New Venue or a suitable alternative location at the Venue (as the case may be), the Ashes shall be buried in a suitable location at the Venue to be determined by the owner of the Venue.
8. LIMITATION OF LIABILITY – YOUR ATTENTION IS DRAWN TO THIS CLAUSE
8.1 Nothing in this Agreement limits any liability which cannot be legally limited, including liability in relation to:
8.1.1 death or personal injury caused by negligence;
8.1.2 fraud or fraudulent misrepresentation; and
8.1.3 any breaches of the terms implied by Section 2 of SGSA (including title and quiet possession).
8.2 Subject to Clause 8.1, the Company will not be liable to the Customer for loss or damage arising under or in connection with the supply of the Niche and/or the provision of Services for:
8.2.1 loss of profits;
8.2.2 loss of sales or business;
8.2.3 loss of anticipated savings;
8.2.4 loss of or damage to goodwill;
8.2.5 loss that was not caused by any breach on the part of the Company; and
8.2.6 any unforeseen losses.
8.3 Subject to Clause 8.2, the Customer should, to the best of their ability, check for any defects or discrepancies in the provision of Services, and act promptly to notify the Company if it intends to make a claim in respect of any perceived breach.
8.4 The Customer acknowledges that it is the responsibility of the Nominated
Representative to deliver the Ashes to the Company in a timely manner before the Inurnment Ceremony.
8.5 This Clause 8 shall survive termination.
9.1 Without limiting or affecting any other right or remedy available to it, for fourteen (14) days following the Commencement Date the Customer may terminate the Agreement immediately by giving written notice to the Company .
9.2 Without limiting or affecting any other right or remedy available to it, if two (2) years after the death of the Customer having been notified to the Company, the Ashes along with the Certificate have not been produced to the Company, the Company shall have the right to terminate this Agreement with immediate effect.
9.3 Without limiting or affecting any other right or remedy available to it, either party may terminate the Agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of the Agreement and such breach is either irremediable or (if such breach is remediable) the other party fails to remedy that breach within a period of sixty (60) days after being notified in writing to do so.
10. CONSEQUENCES OF TERMINATION
10.1 Upon termination of the Agreement by the Customer in line with Clause 9.1.1, the Customer shall be entitled to a refund of the Fee.
10.2 Upon termination of this Agreement for any other reason or at any other time (other than where the Customer may lawfully terminate the Agreement pursuant to Clause 9.3) the Company shall retain the full Fee and shall repossess and be able to use the Niche.
10.3 Upon expiry of the Term on the Final Date the Ashes will be buried or scattered in a location at the Venue, such location to be determined at the discretion of the owner of the Venue. The Company shall advise the Nominated Representative of such location.
11. DATA PROTECTION
11.1 Both parties will comply with the Applicable Data Protection Laws.
12. FORCE MAJEURE
If the Company is delayed or prevented from performing any of the Services or its other obligations under this Agreement by events or circumstances outside its reasonable control, such delay or non-performance shall not constitute a breach of this Agreement.
13. THIRD PARTY RIGHTS
A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, except that the Nominated Representative may enforce the provisions of Clauses 3 and 7of this Agreement.
14.1 The Company may at any time assign, novate, or transfer any or all of its rights and obligations under this Agreement. Any transfer of this kind will not affect the Customer’s rights under this Agreement.
14.2 The Customer will not assign or transfer any or all of its rights and obligations under this Agreement without the Company’s prior written consent.
15.1 This Agreement constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
15.2 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.3 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
15.4 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to the other party at its address as set out in the Order Form or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
15.5 This Agreement shall be governed by English Law and the courts of England and Wales will have non-exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.